Monks v Warwick District Council

Monks v Warwick District Council

The claim in respect of the Article was struck out because the pleaded meaning was not capable of being borne by the Article as a whole. The plea of malice was struck out for lack of particularisation and evidence. The claim for general loss of business was struck out as unsustainable. The application to amend to add special and exemplary damages was refused for lack of proper pleading, evidential support, and lateness.

Parties
Claimant: John Monks; Defendant: Warwick District Council
Jurisdiction
England and Wales
Judgment Date
07 May 2009
Procedural Posture
Civil Defamation (libel) / Interlocutory Application (strike Out/summary Judgment and Amendment)
Outcome
Defendant's application allowed; Claimant's application refused.
Legal Topics
Libel, Qualified Privilege, Justification (truth), Malice, Damages, Exemplary Damages, Summary Judgment, Strike Out
Defamation Media Law Civil Procedure Libel Qualified Privilege Justification (truth) Malice Damages +3 more

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Parties

John Monks

Claimant

Warwick District Council

Defendant

Procedural Posture

Civil Defamation (libel) / Interlocutory Application (strike Out/summary Judgment and Amendment)

Legal Issues

  1. 1 Whether the claim in respect of the Article should be struck out for not being capable of bearing the pleaded defamatory meaning
  2. 2 Whether the plea of malice is sufficiently particularised to go to trial
  3. 3 Whether the claim for general loss of custom and business is sustainable

Ratio Decidendi

The claim in respect of the Article was struck out because the pleaded meaning was not capable of being borne by the Article as a whole. The plea of malice was struck out for lack of particularisation and evidence. The claim for general loss of business was struck out as unsustainable. The application to amend to add special and exemplary damages was refused for lack of proper pleading, evidential support, and lateness.

Court Disposition

Defendant's application allowed; Claimant's application refused.

Orders

  • Claim in respect of the Article struck out.
  • Plea of malice struck out.